Analysis of penalties for intellectual property rights violations during martial law abstract

This article provides a comprehensive scientific and theoretical analysis of the specifics of enforcing criminal liability for intellectual property offenses under the legal regime of martial law. The transformation of criminal procedural and judicial activities under the influence of military factors is examined. The specifics of the functioning of the institution of punishment for the unlawful use of copyrighted works, related rights, trademarks, and trade names are identified. The factors determining the decline in the effectiveness of criminal prosecution in the area under study are substantiated. These include: the reorientation of the law enforcement system toward combating crimes against national security and war crimes; the disruption of established jurisdiction due to hostilities; and the economic downturn, which minimizes rights holders’ initiative to protect their rights. The system and types of criminal sanctions provided for in the Special Part of the Criminal Code of Ukraine are analyzed. A deepening trend toward the liberalization and humanization of judicial practice is noted, manifested in the imposition of minimum penalties and the widespread application of probation. The study demonstrates the low deterrent effect of property-based penalties due to their economic disproportion to the unlawful gain. It identifies doctrinal and practical difficulties in implementing the additional penalty of property confiscation amid the destabilization of material assets. Particular attention is paid to systemic conflicts and disparities in legislative sanctions for various types of violations. Methodological problems in forensic expert activities are outlined, particularly regarding the verification of the amount of material damage, which leads to legal uncertainty during the classification and individualization of punishment.